Retired Deputy Chief Justice Dikgang Moseneke released the Life Esidimeni arbitration findings on Monday, revealing the amount which claimants would be paid in compensation for the deaths of mentally ill patients at unlicensed NGOs. Families of each of the victims of the tragedy will now receive more than R1-million
"This is death and torture of mentally ill patients; it is also a story of the public anguish of the families" – Dikgang Moseneke
The breakdown of the compensation is as follows: R20,000 per victim for funeral costs, R180,000 each in general damages to all claimants, and R1-million each in compensation for breaches of the Constitution and the Mental Health Care Act to all claimants. Compensation must be paid within three months.
#LifeEsidimeni Here is Moseneke's award.— Jacaranda News (@JacaNews) March 19, 2018
R20 000 each for all claimants for funeral costs.
R180 000 each for all claimants for general damages.
R1 million each for all claimants for constitutional and health care act breaches.
This must be paid in three months time.
BREAKING: #LifeEsidimeni: Moseneke: "The gov of RSA being Minister, Premier is ordered to pay R20 000 to each claimants in respects to funeral expenses, R180 000 to each of the claimants damange for trauma, R1m to each of the claimants for breaching the Constitution."— Team News24 (@TeamNews24) March 19, 2018
At least 144 mentally patients died after being transferred to ill-equipped NGOs in 2016 by the Gauteng health department. According to death certificates, patients died of causes related to starvation and neglect: including hypothermia and dehydration. However, many certificates listed "natural causes" as the cause of death.
Last month the state, Solidarity and Section27 agreed that the families of the patients who died should be compensated.
Justice says the reasons given by Dr Barney Selebano, Qedani Mahlangu and Dr Makgabo Manamela for terminating the contract were false and fabricated #LifeEsidimeni— African Child (@ZikhonaTshona) March 19, 2018
#LifeEsidimeni Moseneke: in short, besides the reasons for terminating the contract being untruthful, they were not in line with the law and the constitution. MR— EWN Reporter (@ewnreporter) March 19, 2018
It seems justice has been served; families of the Life Esidimeni victims were seen hugging and kissing each other after the results of the arbitration were announced. The presiding former deputy chief justice also announced that he would be donating his arbitration fees to law schools.
#LifeEsidimeni: Hugs and kisses are shared after Moseneke announced that families should be compensated R20 000 for funeral expenses, R180 000 for shock and anxiety and R1m for Constitutional breach. (@MandaKhoza) pic.twitter.com/x9cjIPStpi— Team News24 (@TeamNews24) March 19, 2018
BREAKING:— Bhekisisa M&G Health (@Bhekisisa_MG) March 19, 2018
Moseneke awards families R20k for funeral expenses.
R180K for trauma and shock.
R1 million for constitutional damages.#LifeEsidimeni